​Legal Blog

Joyce and Sybil Burton, sisters in their late 80’s, hit the headlines in 2006 having lost a case against the Government. They had lived together all their lives but realised that on the first death there would be a substantial amount of Inheritance Tax on their home and thought that this was unfair. Married couples and same sex couples in civil partnerships were entitled to surviving spouse exemption and they were not. Predictably they lost.

Keeping an eye on your customers to spot any signs of financial distress means taking early action before having a client go into business administration. Not only does this save time and effort, but also guarantees a pay-out.

As with any business, it’s important to choose your customers carefully. However, this is easier said than done. When our clients are faced with pursuing a current customer over unpaid fees, there are a number of things we instruct them to consider, especially if they wish to continue to do business with that customer in the future. It’s difficult enough to secure new business in the first place – so it’s often worth the effort to work to retain it, where possible.

Over the last few years, we have seen the rise of the Litigant-in-person (“LIP”). To lawyers, this is only even more concerning than the rise of the robots. However, it is unlikely that LIPs will take over the world so perhaps I should be focussing on the robots after all!

During divorce proceedings, when tensions can run high and budgets become stretched, engaging the services of a Specialist Financial Advisor can seem like an additional burden. The role of a lawyer in dealing with divorce, or separation, is to guide a client through the legal maze of forms and procedures in, hopefully, as amicable, cost-effective and rapid way as possible. That said, lawyers are simply not in a position to provide the sort of specialist financial advice that separating parties may require.

In Kellogg Brown & Rout (UK) Limited v (1) Fitton and (2) Ewer, the EAT had found that these two employees had been unfairly dismissed for refusing to comply with the instruction to move location under a mobility clause in their contract to another office when their office closed. The employer had not been entitled to rely on the mobility clause as its instruction to move to the other office had not been reasonable and the employees had reasonable grounds to refuse.

On 6 April 2016, a scheme was brought in to penalise employers who failed to pay tribunal awards or settlement sums under COT3s. Since the new regime came in then employers have had to pay out more than £83,000 in penalties.

When it comes to Brexit, we’re in unchartered waters. The government has yet to invoke Article 50, and is still working out, and trying to negotiate, acceptable terms.
Prior to the referendum, as a member of the common market, the UK benefitted from over 50 EU-established trade agreements with the rest of the world. As we move from membership to independence, these deals no longer apply, and must be renegotiated.

It is not unusual for commercial leases to contain break clauses which entitle tenants to bring their lease to an end before the contractual term of the lease has expired. More often than not, the break clause contains conditions which have to be fulfilled if the break option is to be validly exercised. One of the most common conditions requires tenants to give vacant possession.

If you are looking to outsource your debt collection, you must be confident your business is in safe-hands, and you are working with a supplier that operates with integrity and one that protects your brand and reputation at all times.

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Spratt Endicott, Spratt Endicott Solicitors are the trading names of Spratt Endicott Limited, a company registered in England & Wales (company no. 08030343) authorised and regulated by the Solicitors Regulation Authority (registration no. 608169) and by the Financial Conduct Authority (registration number: 709546). Spratt Endicott Limited uses the word “Director” to refer to a statutory director of the company and certain senior employees. A list of the statutory directors is available for inspection at our registered office, 52-54 The Green, Banbury OX16 9AB and at Statutory Directors.